Category: human resources

The OHS benefits of “work to rule”

In May 2020, “work to rule” was touched on in a long article about the future of work. “Work To Rule” is a phrase that is rarely heard now, as the industrial relations (IR) conversation has changed, but it is more relevant than ever.

The industrial relations context for working to the rules is illustrated in this short article. Still, work to rule can have occupational health and safety (OHS) benefits, especially psychosocial health and the current mot du jour, The Great Resignation/Rebalance.

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OHS remains the bastard child of HR and IR

There continues to be a competitive tension in Australia between the professions (if they are professions) of Human Resources (HR) and Occupational Health and Safety (OHS). This has been most obviously on display in relation to sexual harassment and the psychological harm that results.

Recently Marie Boland, about to be the 2021 Residential Thinker at the University of South Australia, spoke about this tension and much more in an online lecture about “HR: A Human Resources or a Human Rights approach to work health and safety“. At that lecture, Boland said that she pins her hopes for improvement on the new Work Health and Safety Regulations because

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Ageing and Decent Work report

A recent academic commentary on “Aging and the Future of Decent Work”* by many international researchers contains some interesting thoughts on employer obligations and health promotion.

The report makes some specific comments about the effectiveness of health promotion programs for older workers:

Workplace health promotion programs may encounter obstacles that impede desired results. For example, employers are generally not obliged to promote employee health in the same way they are required to address workplace safety. Lack of resources, management resistance, and employee reluctance to change behaviors are common barriers to program success. The literature on health promotion interventions targeting older workers is sparse but suggests the effectiveness of such programs may be limited and may vary depending on the focus of the intervention.

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Time for a rebrand to Organisational Health and Safety?

Outside of unionised workplaces, psychological hazards are usually managed as part of the Human Resources (HR) function. HR’s principal reference point is the industrial relations (IR) laws. Occupational health and safety (OHS) overlaps with IR and HR but is usually treated as the annoying little brother following his siblings, who know better because they are older and closer to adulthood.

This situation must change for employers to effectively prevent mental ill-health in their workplaces, but it will require more concessions, or maturity, from Human Resources professionals. Lawyer Alena Titterton hinted at this change in a recent article for the Australian Institute of Health and Safety.

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Off-centre perspectives can offer great potential

The Australian government has failed to follow through on its early promises to provide a framework for employers to prevent and reduce sexual harassment in their workplaces. This failure is being interpreted as revealing something about employers’ attitudes to occupational health and safety (OHS) and their own legislative duties.

Employers (and other groups on non-OHS issues) who look to the government for guidance on issues that already have legislative requirements are looking to avoid the social and legal obligations that have usually existed for years. Sexual harassment is an excellent example of a workplace matter getting some serious attention regardless of the government’s inaction. A recent podcast by Maddocks lawyers Catherine Dunlop and Tamsin Webster is part of that attention.

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Back to the old office in a new world

Many employers are rattling around floors of empty offices while their employees are working remotely or at home and almost entirely due to modern telecommunications. This has not been at the request of employers but due to government lockdown requirements. The push to have workers return to multi-storey offices is reflective of the desire to return to normal rather than accepting that established business structures have been rendered impractical or unfeasible for the coronavirus future.

A recent article in the New York Times illustrates this new circumstance well. The article, titled “New surveys show how pandemic workplace policies are shifting“, says that the major information technology companies in the United States that every business seems to want to emulate even though their practices are very questionable are continuing to postpone the return of workers to bricks and mortar (or glass and stainless steel) offices. The NYTimes article is the first to discuss this phenomenon and its relation to mandatory vaccinations.

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Steve Bell outlines the challenges for the OHS profession and Regulators

Almost every year, for a couple of decades, Herbert Smith Freehills (HSF) and the Australian Institute of Health and Safety (AIHS) have conducted a breakfast seminar to “launch” the year. That schedule has been cocked up by COVID-19, but the events continue.

The August 2021 breakfast featured several of the usual speakers but with the omission of the Minister for Workplace Safety or a senior representative of Worksafe Victoria. As a result, the event dragged a little. Most of the information was useful, but the event lacked the spark it often has. Perhaps this was the online format, perhaps the mix of speakers, perhaps the 90-minute length.

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